Wednesday, December 26, 2018

At the Law Offices of Katie Walsh, we would like to draw your attention to the California School Dashboard. The California School Dashboard is the place where parents, families, students, and teachers can see how well our schools and students are doing and where improvement is warranted. Please take a moment to watch a short video on the subject.

California State Superintendent of Public Instruction, Tom Torlakson, discusses the Dashboard in an issued statement regarding the report of the federal School Safety Commission. In Torlakson’s statement, he makes clear that the recommendations of the commission (put together in response to the Marjory Stoneham Douglas High School shooting) are made in error.

Disciplining Students in a Proportionate, Fair Manner

“I am extremely disappointed that the School Safety Commission report contains a misguided recommendation to eliminate a policy that has nothing to do with the continuing tragedy of school shootings—the quest for disciplining students in a proportionate, fair manner,” states Torlakson.

He adds, “I strongly oppose this recommendation and the Department of Education’s reported plans to rescind the Obama administration’s guidance encouraging schools to work to reduce the disproportionate suspension and expulsion rates for students of color and students with disabilities that are found throughout our nation …. California encourages districts to reduce or eliminate disparities in discipline given out to student groups. The California School Dashboard reveals the suspension rates of all student groups, supplying the data needed to take action to ensure equity for all students.”

The superintendent’s statement points out that the School Safety Commission's report had little to say about gun control. A military-style assault weapon was used in the killing of 14 students and three teachers at Marjory Stoneham Douglas. It is unclear, at this time, why the School Safety Commission believes eliminating policies which make school discipline fairer will make the student body safer.

Juvenile Defense Attorney

Hiring an Orange County school expulsion lawyer can help your child achieve a favorable outcome in a school expulsion hearing. Please contact us to schedule a free consultation with juvenile defender Katie Walsh and her team. Call 714.619.9355 or submit a confidential inquiry now.

Wednesday, December 19, 2018

The National Center for Youth Law (NCYL) a non-profit law firm based in Oakland, California, helps low-income children and aims to transform the multiple public systems serving vulnerable children. The organization leads campaigns to reform education, child welfare, public health, behavioral health, juvenile justice, and workforce development.

In the realm of juvenile justice, the NCYL’s noteworthy success includes Breed v. Jones (1975) and the Texas Decriminalization of Truancy (2014), according to their website. Regarding the former, the organization successfully argued before the U.S. Supreme Court “that the constitutional prohibition on double jeopardy is applicable to minors in delinquency proceedings.” The Texas Decriminalization of Truancy ended the practice of sending truant children to adult criminal court.

The NYCL has worked for more than four decades to improve the lives of disadvantaged young people across the country. The non-profit continues to advocate for the rights and safety of children and teenagers, and thanks to a hefty donation their efforts can continue.

Google and SF 49ers Support Youth Justice Reform

Earlier in December, Google and the San Francisco 49er football team donated $2.35 million to the National Center for Youth Law (NCYL), according to The Chronicles of Social Change. The funds will give the NCYL the ability to work with more than 300 youth per year in Santa Clara County – who are either arrested or placed on probation – as part of the California Youth Justice Initiative.

“We’re doing a comprehensive approach of deep-end and shallow-end reform, and then we’re also working with probation-involved youth to make sure they graduate, get a job or get on a good career track,” said Frankie Guzman, director of the California Youth Justice Initiative.

Empowering formerly incarcerated youth and their families to advocate for change.

Providing legal and strategic support to community organizations working to improve local policies and practice.

Advocating for community-based services that address youth’s social-emotional health needs as an alternative to incarceration.

“Once you get in the system it’s very difficult to make it out,” said Richard Sherman, a defensive back with 49ers. “It’s very difficult to learn what you need to do to be in the workforce, to be a great person because you spend so much time trying to survive the situations you’re put in.”

California Juvenile Law

Please contact the Law Offices of Katie Walsh to find out more about how we can advocate for your family. If your child is in trouble and was arrested, it is likely that you would like the assistance of an attorney with a proven record in the area of juvenile law. Attorney Walsh can help your family obtain the best results.

Wednesday, December 5, 2018

In 1974, Congress passed the Juvenile Justice and Delinquency Prevention Act (JJDPA). Lawmakers wrote the bill to address some of the glaring inconsistencies in approaches to juvenile justice from one state to the next.

Most Americans are unaware that there are more than 56 different juvenile justice systems in the U.S. Each of which is independently operated, and there were no federal standards for care before the JJDPA. Sadly, Congress hasn't reauthorized the legislation since 2002.

It was beginning to look like 2018 is the year that lawmakers were going to see past their differences and reauthorize the law, but child advocates are no longer sure. Sen. Chuck Grassley (R-Iowa), the chairman of the Senate Judiciary Committee, has spent the last four years championing the bill, which gave much hope; however, as Grassley prepares to step down from chairmanship his focus is now on a different criminal justice reform bill, The Huffington Post reports. Before lawmakers break for the holidays, the First Step Act is in the spotlight.

What is the Juvenile Justice and Delinquency Prevention Act

The JJDPA, according to ACT4 Juvenile Justice, creates a federal-state partnership for the administration of juvenile justice and delinquency prevention by providing:

Juvenile justice planning and advisory system, establishing State Advisory Groups (SAGs), spanning all states, territories and the District of Columbia;

Federal funding for delinquency prevention and improvements in state and local juvenile justice programs; and

Operation of a federal agency (Office of Juvenile Justice and Delinquency Prevention (OJJDP)) dedicated to training, technical assistance, model programs, and research and evaluation, to support state and local efforts.

Reauthorizing the JJDPA

Supporters of the JJDPA in Congress are just one vote away from achieving the goal of reauthorization, according to the article. The hang-up rests on two senators disagreeing over whether the JJDPA should be reauthorized together with the Runaway and Homeless Youth Act. Sen. Patrick Leahy (D-Vt.) says that reauthorizing the acts together would reduce Runaway and Homeless Youth Act funding by 23 percent and would fail to protect trafficked youths; Sen. Mike Lee (R-Utah) sees the matter differently.

“Sen. Grassley has the power of persuasion,” said Sarah Bryer, the president and executive director of the National Juvenile Justice Network. “[He] has the ability to talk to his peers in the Senate and get them to agree to stand down on their issues and stand up for young people.”

Now, it seems that Sen. Grassley has pivoted attention away from juvenile justice and is instead working to enact criminal justice reform. The First Step Act centers around prison reform, reducing sentences, and rehabilitation.

“At this point, he is spending all of his political clout on the First Step Act,” said Rachel Marshall, the federal policy counsel for Campaign for Youth Justice. “And while criminal justice reform is extraordinarily important, it’s not an either/or, in my view.”

We will continue to follow this story as it develops; if the bill doesn't receive authorization by the time the session ends, lawmakers will have to start over next year. Hopefully, Grassley will manage to resolve the dispute before the end of his tenure.

Orange County Juvenile Defense Attorney

If your child is facing legal challenges or school expulsion, please contact The Law Offices of Katie Walsh. Attorney Walsh's extensive experience in the field of juvenile justice makes her the perfect candidate to advocate for your family. Call now for a free, confidential consultation, (714) 619-9355.

Tuesday, November 27, 2018

Last week, the State of California released school suspension data and takeaways are, at best, concerning. At The Law Offices of Katie Walsh school suspension and expulsion is a topic of vital importance; much of the work we do is representing juveniles who have had problems in the classroom. We follow the data carefully to serve our clients better; we have covered the topic of student suspensions on our blog on numerous occasions, please click here for further reading.

It will probably come as little surprise for some to discover that there are glaring disparities in school suspension and expulsion rates in the ‘Golden State.’ For others, what follows may come as a shock. While suspension rates in San Diego County are down from 4.5 percent in 2011-2012 to 2.8 percent for 2017-2018, minorities and foster children are at a much higher risk of being barred from attending class, The San Diego Tribunereports. Overall, black students in San Diego County are more than two times as likely to face suspension. What’s more, foster kids are nearly five times more likely to get suspended from school.

“The very students who do need that additional time and supports, like foster youth, are the ones who are being sent out of the classroom,” said Carrie Hahnel, interim co-executive director of Ed Trust-West.

Disparities In Suspension Rates

The trend researchers are witnessing is not unique to California; one need look no further than the United States Government Accountability Office’s report on K–12 education to find evidence. Across the country, school discipline disparities for black students and young people with disabilities is alarming. Here in California, more than 15,000 students in San Diego County were suspended at least once, according to the article.

Even though suspension involves older students more often, about 1,500 students of the overall tally were in grades K–3.
While African American students make up only 5 percent of those attending class in San Diego County, they make-up 7% of suspensions for students suspended at least once in the school year. The California Department of Education tracks suspension rates across the state, the data for San Diego County is as follows:

Foster Youth: 13.5 percent

African-American: 6.9 percent

Disabled Students: 5.7 percent

Homeless: 5.5 percent

Socioeconomically Disadvantaged: 3.8 percent

Hispanic or Latino: 3.2 percent

English Learners: 2.8 percent

White: 2.1 percent

Asian: 1 percent

“Studies we reviewed suggest that implicit bias — stereotypes or unconscious associations about people — on the part of teachers and staff may cause them to judge students' behaviors differently based on the students’ race and sex,” the GAO writes.

School suspension data is of the utmost importance for several reasons, most notably, the impact missing class can have on a student’s life trajectory. Those who miss school are at far higher risk of dropping out, getting in more severe forms of trouble, and ending up in jail or prison. Supporting students rather than relying on suspension and expulsion as the go-to form of discipline, isn’t just right for the student, it’s good for society.

Orange County Juvenile Defense

A minor infraction in school can have a lasting effect on a person’s life. If your child is facing expulsion, then we implore you to contact The Law Offices of Katie Walsh. Attorney Walsh will work tirelessly to safeguard your child’s rights and negotiate alternatives to expulsion.

Friday, November 16, 2018

We covered an essential story about new juvenile justice legislation signed into law last month. In the 11th hour of Governor Jerry Brown's fourth term he signed Senate Bill 439 and Senate Bill 1391 into law, both measures will go into effect across the state next year. SB 439 establishes 12 years as the minimum age for prosecution in juvenile court, but a dispensation will be made for offenses such as murder or rape. SB 1391 makes it unlawful to try youths under the age of 16 as an adult.

While the Los Angeles County Board of Supervisors is busy coming up with a plan for serving children under age 12 who find themselves in trouble, the committee is hopeful that they can take an even more progressive step. Board members are considering banning many 12- and 13-year-old youths from juvenile delinquency court, The Chronicle for Social Change reports. The proposal is welcome news by juvenile justice advocates.

“L.A. County can lead the state of California further to ensure that children aren’t negatively impacted by the effects of arrest and incarceration on youth,” said Maria Brenes, executive director of the Boyle Heights-based nonprofit Inner City Struggle. “The impact of system involvement are dismal for our children. Youth are 39 percentage points less likely to finish public school than their peers after experiencing incarceration or detention.”

Implementing Juvenile Justice Reforms

A board motion, titled Setting a Minimum Age for Los Angeles County’s Juvenile Justice System, points out that there were just over 100 12-year olds and just over 350 13 year-olds arrested in the County last year. Supervisors Hilda L. Solis and Mark Ridley-Thomas write that SB 439 sets a floor, and they MOVE that the Board of Supervisors direct the Office of
Diversion and Reentry’s (ODR’s) division on Youth Diversion and Development to report back in writing in 60 days with a status report and in 120 days with a comprehensive plan (Plan) to divert younger youth from juvenile court jurisdiction and detention by:

A. Authorizing the Director of ODR, or his designee, to hire a consultant with relevant expertise to support ODR in the development of the Plan.

B. Ensuring the Plan does the following:

Build on the County’s current youth diversion and development efforts;

At a minimum, comply with the recently passed Senate Bill 439;

Include as a first priority a specific plan for the pending or active cases, over which the Juvenile Court is expected to lose jurisdiction in January 2019;

Identify holistic programming and services for youth and families based on best practices, focused on positive youth development, that may be appropriate for younger youth;

Consistent with the County’s current youth diversion plan, utilize “counsel and release” as the default in the vast majority of these cases and graduated responses thereafter, with Dependency Court jurisdiction to be a last resort; and

Include recommendations regarding the minimum age for arrest and confinement of youth for Los Angeles County, including expanding on the requirements set by SB 439, based on a review of best practices, and relevant research.

The supervisors argue that, "the County has an opportunity, based on best practices and
the efforts on youth development and diversion, along with the dual-status work it has
already begun, to provide leadership to other counties across the State, and to reduce
disparities in outcomes for young people based on geographical location, and racial and
ethnic identity."

Orange County Juvenile Defense Attorney

At The Law Offices of Katie Walsh, we specialize in advocating for the families whose children find themselves facing legal difficulty. What sets Attorney Walsh apart from other juvenile justice lawyers is the fact that she is familiar with both sides of the courtroom, having dealt with thousands of criminal and juvenile cases as a former prosecutor. She will use her experience to serve your family and help bring about the best possible outcome; please contact us today for a free consultation if your son or daughter requires assistance.

Thursday, November 1, 2018

If you have been keeping up on the news related to the American opioid addiction epidemic plaguing the United States, then you are likely aware of the SUPPORT for Patients and Communities Act. The new legislation – recently signed into law by the current administration – aims to address several aspects of the public health crisis we face. The SUPPORT Act isn’t just one bill; it is instead a package of measures each specific to one point of the issue or another; seventy unique bills in total

Some of the SUPPORT Act’s more notable features include channeling more funds to expand access to addiction treatment, prevent overprescribing, and training law enforcement to be more effective at intercepting fentanyl shipments. Other provisions involve improving care and support for substance-exposed babies and their mothers and expanding an existing program to train more first responders to carry and use the overdose reversal drug Narcan.

Those keeping themselves apprised of news relating to the epidemic know that there isn’t a demographic who has been untouched by the scourge of opioid use. Sadly, for a significant number of teenagers and young adults, many of whom come from dysfunctional homes, support is a scarce and they are in the grips of addiction. Moreover, like adults, young people face the risk of arrest and spending time in juvenile detention facilities.

The At-Risk Youth Medicaid Protection Act

Upon release from detention, young people often lack the support necessary to foster lasting recovery. Without assistance, the likelihood of recidivism is exceedingly high. What’s more, those same young people find that they have lost Medicaid as a result of their arrest and conviction, and no longer have a means of covering the cost of physical and mental healthcare professionals.

The At-Risk Youth Medicaid Protection Act, reintroduced by U.S. Senator Cory Booker (D-N.J.) and U.S. Senator Chris Murphy (D-Conn.), orders state Medicaid programs to suspend, not terminate, a juvenile’s coverage when he or she is in custody. Congressman Tony Cárdenas (D-CA) and Rep. Morgan Griffith (R-VA) led an effort in the House of Representatives to include the bill in the SUPPORT for Patients and Communities Act, ensuring that children who serve time in the juvenile justice system continue to receive health care coverage and treatments during and after their release from custody. Cárdenas writes:

“The At-Risk Youth Medicaid Protection Act will keep young American Medicaid recipients from being permanently kicked off their healthcare if they come into contact with the criminal justice system. Right now, these young people suffer greatly when they return home to find they can no longer see their doctor, especially if they are recovering from addiction. This law will end this practice, which will help the children, their families and the communities where they live.”

Orange County Juvenile Defense Attorney

If your son or daughter is facing legal trouble in California, please reach out to The Law Offices of Katie Walsh. Juvenile defense attorney Walsh has a proven record of advocating for families who find themselves in the hardest and most vulnerable situations. Call now for a free, confidential consultation, (714) 619-9355.

Tuesday, October 23, 2018

Last month, we covered Senate Bill 607, as it relates to juvenile justice in California. The bill – authored by Sen. Nancy Skinner, D-Berkeley – would have expanded a bill signed into law in 2014 banning the suspension of students in grades K-3 for acts of “disruption and defiance.” Sen. Skinner's proposal had the expressed aim of changing the law to include students through the 8th grade.

Earlier this month, California Governor Jerry Brown vetoed SB 607, EdSource reports. While it was unclear if Brown would get on onboard, considering he was opposed to legislation in 2012 that would have banned such suspensions for grades K-12, he showed this month that he would not be swayed. Gov. Brown states that local control is his main reason for rejecting the bill, just as it was in 2012.

Senator Skinner sensed that Brown would come out against her measure much like the Association of California School Administrators and the California School Boards Association. So, she wrote SB-607 to include K-8 rather than K-12, to get the support of the organizations above, hoping it would be enough for Brown as well.

“Teachers and principals are on the front lines of educating our children and are in the best position to make decisions about order and discipline in the classrooms,” said Brown, in the veto message.

Civil Rights Advocates Are Not Surprised

Kids – as everyone knows – can be unruly; punitive measures are one way to teach young people the difference between right and wrong. However, there is a significant body of evidence suggesting that “disruption and defiance” suspensions affect students of color and those with disabilities, disproportionately.

A report from UCLA’s Center for Civil Rights Remedies shows that African-American middle-schoolers lost 71 days per 100 students, almost four times the number of days of class missed by their white classmates. When students miss class frequently, they are far more likely to get in other – more severe – types of trouble. Suspension and expulsion are often the catalysts of the school-to-prison pipeline. The California Department of Education CALPADS Data, 2016-17, shows that black and brown boys were 53.3% of disruption/defiance suspensions in the 2016-17 school year, despite making up only 30.7% of CA students.

Bills like SB-607 and its predecessor are meant to force the hand of educators to utilize disciplinary measures that did not take students out of class for minor infractions, before they resort to harsher courses of action. Despite being at odds with Gov. Brown’s decision, youth and civil rights advocates are not surprised, according to the article. Moreover, they are, in a word, disappointed!

“[Brown] has rejected an opportunity to transform school climate and address a racial injustice in our schools statewide,” said Angelica Salazar, director of education equity for Children’s Defense Fund, California.
Senator Skinner has not committed to introducing a new bill next year.

Juvenile Defense in California

Please contact The Law Offices of Katie Walsh if you require the assistance of an Orange County school expulsion lawyer. Attorney Walsh has overseen thousands of juvenile cases in California. Please contact us to schedule a free consultation and learn more about how Katie Walsh can advocate for your family.

Thursday, October 18, 2018

The National Juvenile Defender Center and the American Civil Liberties Union of Southern California (ACLU) are two of several organizations taking issue with a blanket order by Judith Clark, presiding judge of Riverside’s Juvenile Court, The Los Angeles Timereports. The Riverside County judge is restricting youth in juvenile delinquency proceedings from engaging in one-on-one discussions with their lawyers at courthouses. Judge Clark argues that the Riverside County Probation Department has “insufficient resources” to provide personnel to supervise face-to-face courthouse visits.

“The purpose of this order … is to ensure that juvenile detainees have meaningful access to the courts while the court maintains the security and safety of all court users,” the order reads.

Blanket Order 30 means that juveniles have to discuss their cases with their attorneys in open court or a courthouse interview room, using phones and separated by a partition, according to the article. Juvenile defense attorneys can try to persuade a judge to grant private meetings.

Restricting Juveniles' Visits

“For now over 50 years the courts have recognized that kids in delinquency proceedings have a right to counsel and to effective assistance of counsel,” said Ian Kysel, staff attorney at the American Civil Liberties Union of Southern California. “The blanket order would prevent kids from meeting with their attorneys in the very context where they need the guidance of counsel the most.”

Rights organizations are not the only entities raising objections over the blanket order; defense attorneys argue that restrictions don’t take language barriers, disabilities, and mental illness into consideration. Mary Ann Scali, executive director of the National Juvenile Defender Center, points out that not many states have similar physical barrier restrictions on attorney/client meetings. Scali says that Judith Clark’s order makes Riverside an “outlier.”

“Effective communication requires contact visitation,” said Scali. “We know that when we are talking with young people it’s important that we have eye contact, that being in their physical presence and space is important in terms of trust. It’s also critically important in terms of confidentiality.”

County Judge Judith Clark revised and signed Blanket Order 30 on September 28, 2018, The Desert Sunreports. Clark says the order would not limit juvenile's access to an attorney; the revised order specifies that the court "shall accommodate" contact visits on the day of hearings at either the courthouse or the juvenile detention center next door and such contact will require a judge's permission.

Orange County Juvenile Defense Attorney

Juvenile defense attorney, Katie Walsh, ensures that her clients' cases stand apart from the others and works tirelessly to obtain the best possible outcome. Attorney Walsh uses her experience to achieve results for her clients that impact their records the least. Please contact our office for a free consultation.

Wednesday, October 3, 2018

Governor Jerry Brown signed two measures over the weekend relevant to juvenile justice in California, Senate Bill 439 and Senate Bill 1391. You may remember that we have covered both pieces of legislation at length in the last year; SB 1391 we wrote about as recently as last week when it was still uncertain that Brown would pen his name to the proposed bills.

On Sunday, Gov. Brown approved SB 439 which establishes 12 years as the minimum age for prosecution in juvenile court, unless the offense is murder or rape, The Sacramento Bee reports. He also gave SB 1391 his stamp of approval which eliminates the ability to try a defendant under the age of 16 as an adult, keeping more young people out of prison.

Juvenile justice reform is a cause championed by Sens. Holly Mitchell, D-Los Angeles, and Ricardo Lara, D-Bell Gardens. Both lawmakers have worked tirelessly in recent years to get SB 439 and SB 1391 to the Governor's desk, and succeeded. The measures go into effect next year.

“There is a fundamental principle at stake here: whether we want a society which at least attempts to reform the youngest offenders before consigning them to adult prisons where their likelihood of becoming a lifelong criminal is so much higher,” Brown wrote. He added, “My view is that we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable, and also seeks a path of redemption and reformation whenever possible.”

Cradle to Prison Pipeline

Please take a moment to watch a short video of Sen. Holly Mitchell, the coauthor of SB 1391, as she discusses the “cradle to prison pipeline:”

As was mentioned in previous posts, not everyone in California is in favor juvenile justice reforms that aim to emphasize rehabilitation over incarceration. Various law enforcement groups object to both measures, according to the article. However, advocates for SB 439 and SB 1391 argue that teens don’t fully understand the ramifications of their actions – the difference between right and wrong – owing to their brains not being fully developed; they contend that incarceration increases the risk of committing more crimes down the road and recidivism.

“Children are not pint-sized adults. Instead, they should be cared for with an emphasis on rehabilitation — not warehousing,” Mitchell said.

California Juvenile Defense

Attorney Katie Walsh has the experience to advocate for families whose children are facing legal trouble effectively. Please contact the Law Offices of Katie Walsh require a juvenile defense lawyer in California. Attorney Walsh can help you obtain the best possible outcome for your son or daughter's case.

Wednesday, September 26, 2018

In April, we discussed Senate Bill 1391. If signed into law, SB 1391 would amend Proposition 57, repealing the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age.

While some juvenile justice advocates are in favor of legislation that prevents cognitively undeveloped people from standing trial in the adult criminal courts, the loved ones of victims of senseless crimes are not happy that killers may get out of jail one day and lead “normal” lives. To say SB 1391 is controversial may be an understatement; and, juvenile law experts contend that they can sympathize with arguments for and against the legislation, CBS Sacramento reports. Now, the fate of the bill falls on California Gov. Jerry Brown.

“It’s a symptom of the modern trend to believe that kids that are that young, of the age of 14 and 15 are probably not capable of really the kind of sophistication that would expect to be tried in criminal court,” said John Myers, professor, McGeorge School of Law. Myers adds that “There are some very sophisticated 14- and 15-year-old gangbangers out there that are cold-blooded killers, so I understand that if your child or loved one is killed by a gang member who happens to be 15 why you think it's wrong, it’s a sympathetic argument.”

Trying 15-Year-Olds As Adults

SB 1391 was introduced in April by state Sens. Ricardo Lara (D-Bell Gardens) and Holly Mitchell (D-Los Angeles). The bill is one of several new laws focused on rehabilitation over incarceration, and to reduce the overburdened criminal justice system.

“Research has debunked the myth that children are hardened criminals at age 14 and 15 and deserve punishment in the adult system,” Lara said in a news release. “In fact, 14- and 15-year-olds are far from being adults and Senate Bill 1391 keeps them in the juvenile justice system and guarantees they receive counseling and education, so they are less likely to commit crimes in the future.”

The bill is either a second chance for young offenders or a law that puts rehabilitation over public safety, and it is what Gov. Brown will have to wrestle with before the September 30th deadline. Please take a moment to watch a short video below:

If passed, it purportedly would apply retroactively to certain cases involving minors tried as adults. We will continue to follow this important story as it develops.

Orange County Juvenile Justice Attorney

Please contact Attorney Katie Walsh if you need an experienced juvenile defense lawyer in California. Juvenile defense attorney Walsh can help you obtain the best possible outcome for your son or daughter's case.

Tuesday, September 11, 2018

In 2014, California Gov. Jerry Brown signed a K-3 suspension ban for “disruption and defiance” infractions. Friday of last week, the California Legislature voted in favor of Senate Bill 607, authored by Sen. Nancy Skinner, D-Berkeley, to expand the ban to include suspensions through the 8th grade, EdSource reports. Sen. Skinner had initially hoped that the expansion would consist of all high-schoolers, as opposed to just K-8.

It remains unclear if Gov. Brown will get behind the bill and pen his name to the legislation; but, it’s worth noting that Brown vetoed a total K-12 “disruption and defiance” ban in 2012, only to later sign a less comprehensive ban in 2014. Brown’s previous opposition stems from his belief that state-mandated prohibitions interfere with local school district control. Local control is the cornerstone of his education policy, according to the article. The California School Boards Association and the Association of California School Administrators (ACSA) supports expanding the ban. However, the California Charter Schools Association and the California Teachers Association have taken a neutral stance.

A Dramatic Drop In Suspensions

Initially, the ACSA was opposed to including higher grade levels into the suspension ban; then, the organization learned about how racial disparities continue to be the status quo for disruption and defiance suspensions throughout the state, the article reports. The ACLU of Southern California conducted an analysis of state data and found that African-American and Latino boys received more than half of the state’s disruption and defiance suspensions during the 2016-17 school year. It’s worth noting that Black and Latino children make up only 30.7 percent of all California students.

“This wasn’t an easy decision for ACSA, but our folks are really concerned with the disparities in terms of how willful defiance suspensions are applied,” Iván Carrillo, a legislative advocate for the school administrators’ association, said. “Our membership takes a big issue with that and we want to continue to utilize other creative, research-based tools to deal with student behavior while at the same time protecting the classroom.”

When students are taken out of the class for slight infractions they are more likely to find themselves in additional trouble down the road, i.e., the school-to-prison pipeline. A more significant reliance on evidence-based restorative justice techniques could help the state for years to come.

“All the stakeholders are either supportive or neutral, which is great,” Skinner tells EdSource. “Now the question is does it meet the governor’s comfortability, which it should. The whole objective is to give kids the best chance at being successful — and kicking them out of school, even if it’s just for a few days, is not a recipe for success.”

Several municipalities have already taken the initiative and instituted their own K-12 willful defiance suspension bans, in lieu of a statewide ban. We will just have to wait and see which way Gov. Brown goes on SB 607.

Orange County Juvenile Justice

If your son or daughter is at risk of school expulsion in California, please contact The Law Offices Katie Walsh at your earliest convenience. Attorney Walsh has extensive experience handling these types of cases and can advocate on behalf of your family to safeguard your child’s rights.

Tuesday, September 4, 2018

People who are charged with a crime have the right to stand trial, in a timely manner. Amendment VI of the U.S. Constitution - Rights of Accused in Criminal Prosecutions – states that:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

If an adult is deemed incompetent to stand trial for a crime by a judge, owing to their cognitive deficiencies or mental fitness, they are held for a set period to bring them up to speed on how the courts work. The goal, improve a plaintiff's general understanding of how the courts operate and to enhance their cognitive functioning—with the hope that one day they will be fit to stand before the courts. When it comes to minors in California, however, there is currently no cap on how long they can be detained for the above purposes, Mother Jones reports. The result, kids with cognitive deficiencies, end up in custody for months or years; they are not confined to their home or hospitals, more times than not they are housed in juvenile detention facilities.

“Because there’s no other place to house them, we end up with these minors in juvenile hall,” says Jim Salio, president of the Chief Probation Officers of California. “They really should be in some other place.”

Assembly Bill 1214

In California, existing law requires court proceedings be suspended if substantial evidence raises a doubt as to the minor’s competency to stand trial. At which time, the court is to order that the minor’s competence be determined at a hearing, and the court is to appoint an expert to decide if a child’s incompetence stems from a mental disorder, developmental disability, developmental immaturity, or other condition. As was mentioned above, this process can go on indefinitely; Salio says that some teens are held two or three years, without trial.

Lawmakers in Sacramento are considering AB 1214, authored by California Assemblymember Mark Stone, that limits the length of time a child can be held after being deemed unfit to stand trial, according to the article. As written, the bill’s passing would mean that the majority of kids could be detained six months while receiving instructions on how the courts work. Those accused of specific violent crimes could be held for 18 months. The bill also calls for laying out and improving the services relied on for educating young people.

California Juvenile Defense Attorney

Attorney Katie Walsh has extensive experience in the field of juvenile law, and she can advocate for your family to ensure your son or daughter obtains the best possible outcome for their case. Please contact us today to schedule a free, no-obligation to hire, consultation.

Wednesday, August 22, 2018

The California Division of Juvenile Facilities (DJF) reports that 70% of youth paroled from its institutions were re-arrested within two years. Recidivism rates of that magnitude are a severe cause of concern for many juvenile justice advocates and lawmakers, such as Assemblymember Tony Thurmond (D-Richmond).

In an attempt to mitigate the risk of re-offending, Assemblymember Thurmond worked with juveniles housed at Camp Wilmont Sweeney to create legislation that mandates counties to provide reentry services for youths upon release, according to a press release. The bill, which passed out of the Senate Public Safety Committee, would lead to Juvenile Transition Centers in each county.

Many young people are struggling with conditions that are mostly out of their control; mental illness and substance use is often a leading cause of re-offense. According to the DJF, of the young people released from juvenile detention centers, approximately 70% are living with mental health disorders, and more than 80% have histories of substance abuse. Juvenile reentry services can help such individuals manage their conditions and have a future free from the justice system.

Assembly Bill 1488

AB 1488 requires counties to create a workgroup to discuss and assess what is necessary for building juvenile transition centers, and how to best support reentry programs, the press release reports. The workgroups would include community organizations, law enforcement, health officials, juveniles in detention, and their families. County reentry programs would provide housing and other critical services to young people leaving juvenile correctional facilities.

“Every child deserves a real opportunity at a second chance,” Thurmond said. “Too often, youth leave juvenile detention without a home or any support. Without access to reentry services, many youths will recidivate. This bill reverses that trend by creating a pathway for success for youth leaving the juvenile justice system. When counties work with service providers to ensure housing and other essential services for youth upon release from juvenile correctional facilities, we will see recidivism drop significantly.”

This bill would declare that it is to take effect immediately as an urgency statute, in order to prevent the cycle of recidivism.

Orange County Criminal Defense Attorney

Attorney Walsh has extensive experience in the Orange County Justice system, having worked with the Orange County District Attorney’s Office for nine years. Today, Attorney Walsh specializes in juvenile defense and can help get the best possible outcome for your son or daughter's case. Contact Katie Walsh by calling (714) 619-9355.

Wednesday, August 15, 2018

Keeping young people away from the juvenile justice and adult criminal justice system is of the utmost importance. People who get into trouble with the law at a young age are at significant risk of having run-ins in the future. Young people – more often than not – do not understand that their choices can have a lasting impact on the course of their life. Education is one of the most effective ways of deterring young people from making risky decisions and helping them stay on track.

Across the country and in California, there exist outreach programs designed to enlighten young people about what can happen if they break the law, i.e., expulsion, probation, and juvenile detention. However, the people who run such programs often use fear tactics to keep young people on the straight and narrow. But, as any parent knows, adolescents are stubborn and will usually do the exact opposite of what they are told. It’s likely that many of you have heard or read about “Scared Straight.”

The 'Scared Straight' program targets juvenile delinquents or children at risk for criminal behavior and brings them to see the inside of a prison, according to the U.S. National Library of Medicine. The goal is that when young people understand what life is like on the “inside,” they will be deterred from future offenses. However, there is a large body of research that calls into question the efficacy of scaring children into obedience and compliance.

Law and Leadership Academy

Toward the end of July, prosecutors working within the Riverside District Attorney’s Crime Prevention Unit held a 5-day program to raise awareness about what happens within the criminal justice system, Desert Sun reports. The Law and Leadership Academy, created by Amy McKenzie in 2016, takes a different approach than Scared Straight to prevent youth crime. Instead of singling out kids who are at risk of trouble, school counselors choose students who will participate in the program because they have expressed an interest in law enforcement. McKenzie believes crime prevention can be achieved through education and community outreach.

“Community outreach and crime prevention go hand-in-hand. We feel the more transparent our office is to the community and the more we get our message out there helps deter crime,” said McKenzie.

The Center for Juvenile and Criminal Justice reports that the felony arrest rate for youth ages 10-17 was 271 per 100,000 in Riverside County in 2016. The Department of Juvenile Justice reports that within three-years, 74 percent of youth arrested in California are rearrested.

Prosecutors Mike Tripp and Hawlee Valente say that the academy is about more than getting young people excited about careers in the field of criminal justice. The goal is that participants will share their newfound wisdom with their peers back in school.

“Our hope is that they act as little ambassadors. Because not everyone gets to do this; there are adults who never get to see the inner-workings of the criminal justice system. They take this back to their school and back to their family and they get a completely different view,” Tripp said.

Juvenile Defense Attorney

Please contact The Law Offices Katie Walsh if your son or daughter is facing legal troubles. Attorney Walsh has extensive experience if the field of juvenile justice and will advocate for your family to achieve the best possible outcome.

Wednesday, August 1, 2018

People who serve time in California correctional facilities, whether they be adult or juvenile, often learn all the wrong lessons from their cellmates. It is not uncommon for people convicted of crimes to get out of jail and go on to commit more severe offenses. Of course, learning about new ways to break the law is not everyone’s lot; some people use the opportunity of confinement to learn from their mistakes and reinvent themselves.

Men and women who do time have a high likelihood of recidivism. It makes sense; people often break the law because they haven’t the resources to get ahead in life. Such individuals learn how to make some extra cash nefariously from their peers; they also learn how to comport themselves on the street—even using violence when necessary. Learned behaviors can have a lasting impact on young people’s lives, and they often lead to going in and out of jail over-and-over again. However, if juvenile inmates are provided with educational resources, they have an opportunity to break the cycle of incarceration.

In fact, 14 inmates at the Ventura Youth Correctional Facility in Camarillo are taking the opportunity to learn valuable skills that may keep them off the streets and into stable employment, USA Todayreports. What’s more, the young people’s instruction is coming from an unlikely place, a group of inmates serving time at San Quentin.

Re-coding Life

A novel program, which pairs three prisoners at San Quentin who learned how to write computer code with young men and women at the Camarillo facility, could open doors previously thought shut. The 14 students are taught over Skype how to write JavaScript, HTML, and CSS, a couple of times per month, according to the article. If the program is a success, it will mean that the students have an opportunity of landing good jobs in the tech sector upon their release.

Chris Redlitz and Beverly Parenti created the Last Mile coding program, two people familiar with the tech industry, the article reports. Chuck Supple, director of the state Department of Corrections and Rehabilitation’s Division of Juvenile Justice, was impressed by the Last Mile and took steps to incorporate into the Ventura Youth Correctional Facility. The Ventura Youth Correctional Facility in Camarillo could soon accommodate 48 students and actions are underway to introduce the program at other youth detention centers.

Frankie Guzman, director of the California Youth Justice Initiative at the National Center for Youth Law, says that young people serving time are mostly taught skills for low-paying jobs. Educating young people in exciting fields can go a long way to reduce recidivism rates. According to Chuck Pattillo, general manager of the California Prison Industry Authority, inmates participating in joint venture programs, like the Last Mile, have a recidivism rate of 9 percent. Of the inmates not involved, 46 percent will return to prison after release.

"This is not welfare or charity or rewarding bad behavior," said Guzman, an attorney. He adds that investing in these young people, "we are doing ourselves and our communities a favor."

Orange County Juvenile Defense Attorney

If your son or daughter is facing criminal charges, it is critical that you partner with an experienced attorney competent in the workings of the juvenile legal system. Seeking the assistance of attorney Katie Walsh gives your child the most favorable odds for avoiding juvenile detention. Please contact our office to learn more about how we can advocate for your family.

Tuesday, July 24, 2018

This month, California’s Board of Education approved a final version of its state accountability plan known as the Every Student Succeeds Act or ESSA. The law, passed in 2015, governs the United States K–12 public education policy. The LA School Report points out that ESSA requires each state had to determine a method of evaluating schools that did not focus on academics. While most states are relying on chronic absenteeism as an indicator of student success, California is instead looking at suspension rates as well as the college and career indicator.

“California has the most ambitious plan in the nation to give additional resources to students with the greatest needs as we prepare all students for college and 21st century careers,” said State Superintendent of Public Instruction, Tom Torlakson. “The ESSA plan approved today will support those efforts.”

It took some time to get there, 18 months of hearings, but U.S. Secretary of Education Betsy DeVos approved the California plan, leaving only New York yet to receive approval. California, through ESSA, should be getting about $2.6 billion this year in funding through ESSA, according to EdSource.

How Will California Use the Funding?

About $1.8 billion goes to low-income students.

$128 million to migrant children under Title I.

About $230 million go towards training and recruiting teachers and school leaders under Title II.

About $6 million could go toward training principals on new academic standards.

About $150 million is for language instruction under Title III.

About $180 million goes toward academic enrichment, after-school programs, and improving school climate, under Title IV.

“California is a national leader in supporting students with extra needs, providing local control over spending, encouraging community participation in schools, and releasing critical information on measures that indicate student success,” said California State Board of Education President, Michael W. Kirst. “Our ESSA plan allows that work to continue.”

Orange County School Expulsion Hearings

If your son or daughter is facing a school expulsion hearing in California, please reach out to The Law Offices of Katie Walsh. We can help you navigate the school discipline process and advocate for your child, safeguarding their rights. Attorney Walsh has extensive experience in the juvenile court system.

Wednesday, July 18, 2018

Last summer, we discussed several bills being considered by the California State Senate, including Senate Bill 439 (SB-439). As is the case with most legislation we focus on, SB 439 centers on juvenile justice, explicitly keeping most youngsters under the age of 12 out of courtrooms and into alternative programs for discipline.

SB 439 made it through the Senate, and if the bill makes its way to the Governor’s desk, it would mean two significant changes for California counties with regard to the handling of children ages 11 and under. First, minors whose behavior and actions are cause for concern by authorities must be released to his or her parent, guardian, or caregiver; except, if the crime involves an act of murder or rape with force, violence, or threat of great bodily harm. Secondly, the bill requires counties to “develop a process for determining the least restrictive responses that may be used instead of, or in addition to, the release of the minor to his or her parent, guardian, or caregiver."

Researchers at UCLA analyzed California Department of Justice data and found that only a small number of kids under twelve find their way into the clutches of the juvenile justice system, according to Press-Telegram. The analysis showed that eighty-five percent of the 452 referrals of 11-year-olds to the courts were closed or diverted from the system at the beginning of the cases. However, for the slight number of kids that are not so fortunate, the juvenile justice system can mark the start of more problems in life.

Strong Opposition to SB 439

“The vast majority of young children in California who’ve been accused of an offense are exhibiting behaviors or minor behaviors that did not require any justice involvement,” said State Sen. Holly Mitchell (D-Los Angeles), the bill’s co-sponsor. “Involvement with the juvenile justice system can be harmful to a child’s health and development.”

Sen. Mitchell’s views are not shared by law enforcement organization throughout the state and are pushing back hard trying to encourage those who are considering the legislation to bar its moving forward, the article reports. Last month, The Los Angeles County District Attorney’s Office reached out to the committee stating that the juvenile justice system is the only way to rehabilitate children and keep the public safe. Tamar Tokat from the L.A. County District Attorney’s office says there is “no alternative” to serious criminal cases involving children. Most of the bill's opponents cite troubling cases involving the most extreme of offenses to make their point; the California District Attorneys Association, the California Police Chiefs Association, and the Chief Probation Officers of California are among those opposing SB 439’s passing.

We will continue to follow this story as it develops. As an aside, if you are on the lookout for some summer reading material, The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice by Barry C. Feld might be the book for you.

“As a juvenile court jurist of almost 20 years, a reformer for most of those years and an adjunct law professor, I can adamantly state that this book is not only a must read, but should be added to the reading lists of those studying juvenile justice, including law students,” writes Judge Steven Teske on the Juvenile Justice Information exchange.

Orange County Juvenile Defense Attorney

The Law Offices of Katie Walsh can help your son or daughter who is facing criminal charges or school expulsion. Our team of legal experts will advocate for your child and assist them in achieving the most favorable outcome in their case. Please contact us today.

Thursday, July 5, 2018

The American Civil Liberties Union of Southern California, Northern California, San Diego, and the National Center for Youth Law are suing over the unfair practices used by the Riverside County Youth Accountability Team Program (YAT). According to the ACLU, YAT was created in 2001 to target at-risk youths for intervention. On the surface, such a program appears to be relatively benign; however, the tactics deployed treat adolescents who have not been convicted of crimes as criminals. The idea is that teens who seem to be on the edge of engaging in nefarious deeds can be scared straight.

The organization points out that programs like YAT do not have the intended effect on young people, and often do more harm to a child than good. The program is not a diversion; it is a facet of the Riverside County’s probation department. Youngsters who act up or have low marks in class are singled out and forced into six-month terms of probation. The ACLU contends that YAT is unconstitutional; kids who have committed no misdeeds are made to waive their First and Fourth Amendment rights, and subject to “invasive probation conditions.” Sarah Hinger, Staff Attorney, ACLU Racial Justice Program and Sylvia Torres-Guillén, Director of Education Equity, ACLU Foundations of California, write that:

“Children and their families are not provided with specific information about the offense they are accused of committing, the terms of YAT probation, the possible consequences of going to court, or advisement of their legal rights.”

Counseling, Instead of Probation

The ACLU states that YAT is the product of an outdated “incorrigibility” law; students are subject to prosecution for merely not complying with school faculty. Kids who may have learning disabilities or problems at home which impact their ability to do well in school are needlessly being funneled into the juvenile justice system. The organization says the practice disproportionately affects Black and Latino children throughout the county.

A report from the Annie E. Casey Foundation shows that youths are more responsive to positive incentives and supports than threats of punishment. Instead of putting guilt-free kids on probation, the ACLU would like to focus on supporting struggling children by way of counseling.

“The constitutional deficiencies of Riverside’s YAT Program are clear, and the program will continue to violate children’s rights until it is reformed. But reforming the program will not only protect their rights, it presents an opportunity to provide a model for bringing juvenile probation and diversion in line with contemporary research on adolescent development.”

Treating young people as criminals before they ever commit a crime increases the likelihood of problems developing down the road. There is already plenty of research to support diversion over detention for juveniles; so, it is not challenging to see how counseling would be more beneficial than probation for kids struggling in school. More times than not, the farther kids are from the juvenile justice system, the better!

Orange County Juvenile Criminal Defense Attorney

Please contact The Law Offices of Katie Walsh if your child is facing criminal charges or school expulsion. Attorney Walsh and her team of legal professionals can help you obtain the best possible outcome for your son or daughter.

Tuesday, June 26, 2018

Just over a year ago we covered a subject that is of particular importance to adolescents caught in the juvenile justice system and their families, Senate Bill 190 (SB-190). At the time, the piece of legislation which, if passed, would prohibit the collection of fees in the juvenile-justice system across the state, was before the California state legislature. In the time since the bill was approved and signed by California Governor Jerry Brown.

Fines and court fees can add up quickly even when the offense in question is relatively minor. Given that most young people do not have a source of income sans what they get from their mother and/or father, the costs of young people breaking the law tend to become the burden of parents. What’s more, debt generated from the past transgressions in one’s youth, don’t disappear upon release; some families continue to chip away at debt long after their son or daughter earn his or her freedom.

Since January 1, 2018, counties across the state have put a stop to collecting juvenile court fees per SB-190; yet, families throughout California are still whittling away at debts accrued before the law came to fruition. San Mateo County Board Supervisor David Canepa, along with former juvenile offender Daniel Casillas, are tirelessly working to end the collection of any juvenile justice fees still owed to the county, The San Mateo Daily Journal reports. Daniel Casillas, who was released from detention just before he turned 18 about four years ago, now serves on the county’s Juvenile Justice and Delinquency Prevention Commission.

Beyond Senate Bill 190

The passing of Senate Bill 190 brought with it a massive relief for thousands of California families moving forward, yet it did not do much for those who already paid their physical debt to society but still owe financially. Since the age of 13, Casillas (21) was arrested more than 20 times for non-serious offenses and a series of probation violations. The arrests and detentions that followed generated incarceration and legal representation fees, according to the article. Years after his release, Daniel’s family are still paying the county.

“Their number one reason for moving here was to provide their kids a better opportunity,” Casillas said. “I think they’ve kind of had to delay their hopes and work extra hard because of financial burden, because of my own adolescence.”

Supervisor Canepa introduced a juvenile court fee write-off for families like the Casillas. If the proposal is approved, it will afford relief to more than 6,000 families owing collectively around $12.6 million.

“When it comes to criminal justice, when you do the crime you have to pay the time,” said Canepa. “But when you pay the time, you shouldn’t be saddled as a juvenile with the debt for the rest of your life.”

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

Wednesday, June 20, 2018

The new California state budget allocates $4 million toward preventing the unnecessary arrests of foster children, The San Francisco Chronicle reports. The move from lawmakers came about after the newspaper exposed a severe issue regarding the handling foster kids who act up.

Historically, when foster children staying in one of the many California shelters caused a ruckus, supervisors would call the authorities. A minor infraction could quickly land a child in a juvenile detention facility for assault and vandalism; the practice starts a vicious cycle of young people going in-and-out of the juvenile justice system, and then the adult criminal justice system later in life.

It is vital to remember that the majority of youngsters in foster care have had complicated lives. Such youngsters have been witness to all-the-wrong-things from a very young age; ostensibly, they are not equipped to handle challenging situations in a healthy manner. One could argue that acting up is expected among young people whose early life is comprised of one traumatic event after another. Fortunately, there are ways of disciplining children that don't involve detention; utilizing such methods could teach adolescents valuable life lessons and coping skills.

De-Escalation and Adolescent Development Training

The $4 million will be used for:

Foster youth support services,

De-escalation training, and

Adolescent development training for law enforcement and staff at residential facilities.

This week, legislation is expected to pass that would order California children’s shelters and group homes to only call law enforcement in an emergency, according to the article. Such facilities should rely on other forms of intervention before turning to the police as a means of disciplining a child. Maria Ramiu, a senior staff attorney with the Youth Law Center in San Francisco, says the new law encouraging shelters and group homes to rely on law enforcement less, would be a significant “change in philosophy.”

Assembly Bill (AB) 2043, introduced by state Assemblyman Joaquin Arambula (D), curbs over-reliance on law enforcement to solve foster care behavioral concerns, The Chronicle of Social Change reports. The bill also helps foster kids reach out for help when they find themselves in unsafe situations in foster homes by creating a statewide hotline for foster youth and their caregivers to contact a mobile crisis-team at any time.

“We want [foster youth and caregivers] to feel supported, to have access to immediate support in their homes,” said Diana Boyer, senior policy analyst for the County Welfare Directors Association of California. “We’re bringing the services to them, as opposed to them going to services.”

A mobile crisis team with training in how to address the concerns of young people, many of which have mental health problems, could significantly reduce the need to rely on law enforcement. Mental health, and young people acting out because of such conditions, is not a problem that can be arrested away.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

Tuesday, June 12, 2018

Supervising children is not an easy task; managing a classroom of more than 30 adolescents is a monumental feat. It should go without saying that teaching is a profession that is at times both rewarding and thankless. Those who choose to go into the field do so because of a desire to help young people achieve their highest potential even though the classroom is usually the last place students want to be for more than 200 hundred days of the year. Those of us without the task of overseeing youngsters find it challenging to understand how teachers do it; we were all children once, so we know firsthand the patience-trying nature of teenagers.

Most adults can remember the handful of troublemakers they had to share classrooms with, those who made it a point to disrupt lesson plans day-in-and-day-out. It seems like the sole mission of some kids was to be the bane of the faculty's existence. Although, it is likely that few of us could grasp, at the time, why certain classmates acted out; we could not know that forces outside the classroom may have driven some youngsters to rebel.

Some people can probably remember instances of their school throwing in the towel with specific students, deciding that the best thing to be done was to suspend or expel a student; if asked, the school would justify removing a problem child as being a service to the rest of the class and the teacher. Dismissing a student might lessen distractions in classrooms, but it probably did nothing to help the student in question and potentially was a jumping off point to more severe problems. Those who are expelled from high school are far more likely to face the juvenile justice system.

While people most often associate violence and drugs with suspension and expulsion, up until not too long ago faculties could adduce “willful defiance” — virtually anything that disrupts a class — as a reason to expel or suspend students. Then, in 2014, Gov. Jerry Brown signed Assembly Bill 420, eliminating willful defiance as a cause for expulsion. Since that time, California school districts have had to focus on what was behind a student’s behavior, address the problem, and help a child change their ways.

Classroom Management

If a classroom is a ship of enlightenment, the teacher is the captain, which make the students the crew. Those teens who pay attention and do their work may one day grow up to oversee a team of employees, or maybe even become teachers him or herself. As with any voyage, the captain must be both stern and fair; and, perhaps more than anything else protect the mission from mutiny. One could argue that students prone to disrupting the class are, in a sense, mutineers; on the high seas the captain might throw the offender overboard, but in the California classroom of today that frankly isn’t an option anymore. It seems the only course of action is to ensure that the "classroom captain” can manage their students effectively.

With that in mind, you may find it hard to believe that very little of a teacher’s education involves taking courses on how to manage a classroom effectively. It’s one thing to tell a teacher that a disruptive student is going to be around whether they like it or not, it’s another thing altogether to say that to an educator who lacks to the necessary skill set to manage the future generations.

“Classroom management is extraordinarily absent in teaching certification programs,” Mike Lombardo, director of prevention supports and services for the Placer County Office of Education, tells EdSource.

In fact, a survey shows that when it comes to classroom management, more than 40 percent of new teachers reported feeling either “not at all prepared” or “only somewhat prepared.” The California Commission on Teacher Credentialing is responsible for establishing best practices in teaching; last year, the commission made a requirement that new teachers have an excellent understanding of non-punitive methods of discipline, EdSource reports. Restorative justice is one such method, a technique that involves relationship building and making amends. Instead of permanently removing kids from a classroom — a practice that can have a lasting effect (i.e., run-ins with the juvenile justice system, otherwise known as the "school-to-prison pipeline") on a student who likely is only acting out because he or she needs more support — teachers work to better understand the misbehaving student's social and emotional needs.

“[Beginning teachers should] promote students’ social-emotional growth, development and individual responsibility using positive interventions and supports, restorative justice and conflict resolution practices to foster a caring community where each student is treated fairly and respectfully by adults and peers,” according to the California Commission on Teacher Credentialing's new performance expectations.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

Tuesday, May 15, 2018

California Assemblymember Reginald Jones-Sawyer, Sr. is requesting $100 million to assist young people who find themselves on the wrong side of the Law. The money will support the Youth Reinvestment Fund, a proposal that would specifically help vulnerable youth populations, including minorities, children with disabilities, girls, LGBTQ youth, and foster children, according to a press release. Assemblymember Jones-Sawyer points to research indicating that diversion and mentoring programs produced $3.36 of benefits for every dollar spent, reducing crime and saving taxpayers money.

"Research has shown that non-detention alternatives, particularly for low-level offenses, are more appropriate responses to curb delinquent behavior, avoiding pushing youth deeper into the juvenile justice system, writes Assemblymember Jones-Sawyer. “Most importantly, communities that have intentional diversion programs show improved outcomes for youth and public safety.”

The proposal relies on trauma-informed, community and health-based interventions, instead of incarceration. Last week, Youth Reinvestment Fund advocates joined forces in Sacramento to lobby for the funds which they believe will help thousands of at-risk youths avoid detention, The Chronicles for Social Change reports. Supporters hope for a different outcome than last year when a similar version fell short.

Youth Reinvestment Fund

Jones-Sawyer, who represents South Los Angeles, Florence-Firestone, Walnut Park, and a portion of Huntington Park, is confident that funding community organizations to work with at-risk youth will pay off immensely in the long run. If the budget proposal is approved, the assemblymember says it will keep 10,000 young people from arrest, detention, and incarceration each year.

“When we incarcerate young people, that’s about $200,000 to $300,000 per year, per kid,” said Jones-Sawyer. “With this $100 million, I could save the taxpayers maybe $8 to 10 billion.”

The Youth Reinvestment Fund would apportion:

$10 million for Tribal Diversion Programs for Native American youth.

$15 million for social workers to assist minors in juvenile or criminal court, within the public defenders office.

$75 million would fund local diversion programs and community-based services for at-risk youth over a 3-year grant period.

One of the critical components of the Youth Reinvestment Fund is hiring more social workers to help out in public defenders' offices. As it stands right now, only three counties (Los Angeles, San Francisco, and Contra Costa) have social workers on site in public defender's offices. Even still, Jones-Sawyer notes that there are not enough social workers to participate in every case, according to the article. Brendon Woods, head of the Alameda County Public Defender’s office, says that when young people have the help of social workers, it reduces recidivism rates.

“The ones that do have social workers have tremendous success in terms of advocating for their youth, finding alternatives to incarceration, getting them into community-based programs,” Woods said. “It is almost night and day compared to the services that are provided to youth when social workers are involved as opposed to when they are not.”

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in several ways. Please contact our office for a free consultation.